Bill Text: TX SB49 | 2021-2022 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to procedures regarding defendants who are or may be persons with a mental illness or intellectual disability.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB49 Detail]
Download: Texas-2021-SB49-Engrossed.html
Bill Title: Relating to procedures regarding defendants who are or may be persons with a mental illness or intellectual disability.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB49 Detail]
Download: Texas-2021-SB49-Engrossed.html
By: Zaffirini | S.B. No. 49 |
|
||
|
||
relating to procedures regarding defendants who are or may be | ||
persons with a mental illness or intellectual disability. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 16.22(a)(2), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(2) The magistrate is not required to order the | ||
interview and collection of other information under Subdivision (1) | ||
if the defendant is no longer in custody or if the defendant in the | ||
year preceding the defendant's applicable date of arrest has been | ||
determined to have a mental illness or to be a person with an | ||
intellectual disability by the service provider that contracts with | ||
the jail to provide mental health or intellectual and developmental | ||
disability services, the local mental health authority, the local | ||
intellectual and developmental disability authority, or another | ||
mental health or intellectual and developmental disability expert | ||
described by Subdivision (1). A court that elects to use the | ||
results of that previous determination may proceed under Subsection | ||
(c). | ||
SECTION 2. Article 16.22, Code of Criminal Procedure, is | ||
amended by amending Subsection (b-1) and adding Subsection (b-2) to | ||
read as follows: | ||
(b-1) The magistrate shall provide copies of the written | ||
report to: | ||
(1) the defense counsel; | ||
(2) [ |
||
(3) [ |
||
(4) the sheriff or other person responsible for the | ||
defendant's medical records while the defendant is confined in | ||
county jail; and | ||
(5) as applicable: | ||
(A) any personal bond office established under | ||
Article 17.42 for the county in which the defendant is being | ||
confined; or | ||
(B) the director of the office or department that | ||
is responsible for supervising the defendant while the defendant is | ||
released on bail and receiving mental health or intellectual and | ||
developmental disability services as a condition of bail. | ||
(b-2) The written report must include a description of the | ||
procedures used in the interview and collection of other | ||
information under Subsection (a)(1)(A) and the applicable expert's | ||
observations and findings pertaining to: | ||
(1) whether the defendant is a person who has a mental | ||
illness or is a person with an intellectual disability; | ||
(2) whether there is clinical evidence to support a | ||
belief that the defendant may be incompetent to stand trial and | ||
should undergo a complete competency examination under Subchapter | ||
B, Chapter 46B; and | ||
(3) any appropriate or recommended treatment or | ||
service. | ||
SECTION 3. The change in law made by this Act applies only | ||
to a person who is arrested on or after the effective date of this | ||
Act. A person arrested before the effective date of this Act is | ||
governed by the law in effect on the date the person was arrested, | ||
and the former law is continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2021. |